O26451
City Council Meeting: August 25, 2020 Santa Monica, California
ORDINANCE NUMBER 2645 (CCS)
(City Council Series)
AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA TO EXTEND EMERGENCY INTERIM ZONING
ORDINANCE 2633 AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 9.39
AND SECTION 9.40.020 TO INCREASE THRESHOLDS FOR REVIEW OF ONE
HUNDRED PERCENT AFFORDABLE HOUSING PROJECTS AND HOUSING
PROJECTS SUBJECT TO THE HOUSING ACCOUNTABILITY ACT BY
ADMINISTRATIVE APPROVAL
WHEREAS, the State is experiencing a housing supply crisis, with housing
demand far outstripping supply; and
WHEREAS, in 2018, California ranked 49th out of the 50 states in housing units
per capita; and
WHEREAS, housing crisis has particularly exacerbated the need for affordable
homes at prices below market rates; and
WHEREAS, the housing crisis has resulted in increased poverty and
homelessness, especially first-time homelessness, forced lower income residents into
crowded and unsafe housing in urban areas, and forced families into lower cost new
housing at the urban-rural interface with longer commute times and a higher exposure to
fire hazard; and
WHEREAS, California needs an estimated 180,000 additional homes annually to
keep up with population growth, and the Governor has called for 3.5 million new homes
to be built over the next 7 years; and
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WHEREAS, the Regional Housing Needs Assessment (“RHNA”) process is
pending finalization for the 6th Cycle Housing Element, and is anticipated to result in an
allocation of approximately 8,800 units to Santa Monica, of which 69% would be
affordable housing; and
WHEREAS, on July 6, 2010, the City Council adopted the Land Use and
Circulation Element of the City’s General Plan (“LUCE”) which designates the proposed
general distribution, location and extent of land uses within the City; and
WHEREAS, the LUCE was adopted after an extensive planning process, and
addresses neighborhood conservation and enhancement; integrated land use and
transportation; proactive congestion management; complete neighborhoods with
increased open space; community benefits; quality urban character and form;
preservation of historic resources; and growth management; and
WHEREAS, the LUCE differs from prior Land Use and Circulation elements, in
part, by establishing a direct link between land use and transportation policies and
programs and the establishment of new development policies and standards which
ensure that quality development contributes to the character of the City; and
WHEREAS, the LUCE establishes a base height for each land use as a baseline,
and proposed development which seeks additional height above the base height is
subject to discretionary review and must meet additional requirements consistent with the
community’s broader social, environmental, and circulation goals – an approach defined
in three tiers; and
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WHEREAS, the LUCE provides certain bonuses, concessions and incentives for
one hundred percent affordable housing projects, including a provision that allows for
ministerial approval for projects of up to 50 units in size; and
WHEREAS, on September 11, 2013, the City Council adopted the Bergamot Area
Plan (“BAP”), which provides policies and standards to transition 142.5 acres of former
industrial lands into an arts-focused, transit-oriented, mixed use, pedestrian-oriented
neighborhood anchored by the Bergamot Exposition Light Rail Station; and
WHEREAS, the BAP envisions creating the City’s most sustainable
neighborhood—one that both conserves the authentic, industrial character that has
fostered a creative community in the area and removes barriers to housing, local
restaurants and services to take full advantage of the arrival of the Exposition Light Rail;
and
WHEREAS, the BAP encourages and creates opportunities to develop appropriate
housing for all members of the community, with a target of at least 30% of housing
affordable to people earning between 30% and 180% of the area median income; and
WHEREAS, the BAP sets forth certain thresholds for processing development
projects, including housing projects, in the plan area; and
WHEREAS, on July 25, 2017, the City Council adopted the Downtown Community
Plan (“DCP”) which sets forth the City’s vision of the Downtown as a high quality, mixed-
use district offering opportunities for housing for people across the income spectrum, jobs,
arts and culture, local serving retail, and community and visitor gathering places; and
WHEREAS, in the DCP, Downtown housing projects are encouraged to support a
strong and economically diverse residential neighborhood component; and
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WHEREAS, the DCP supports that encouragement by differentiating between
housing projects and commercial projects and provides for various incentives for housing
projects, including streamlined processing by allowing for ministerial review of all one
hundred percent affordable housing projects and any other housing project up to 75,000
square feet; and
WHEREAS, the Zoning Ordinance implements the process thresholds for review
of housing projects consistent with the LUCE, BAP, and DCP by requiring projects subject
to ministerial review to be reviewed by the Administrative Approval process and projects
that exceed ministerial review process thresholds to be reviewed by the Development
Review Permit process; and
WHEREAS, a RHNA allocation of 8,880 units with 69% affordability in the 6th
Cycle Housing Element will require the City to permit approximately 1,000 housing units
a year between 2021 and 2029, 700 of which each year are required to be affordable
housing; and
WHEREAS, 100% affordable housing projects, with challenges in available
funding, are turning to financing sources such as tax credits, which establish a strict
schedule for obtaining entitlements and building permits which are more easily met with
a ministerial, rather than discretionary, review process; and
WHEREAS, the Housing Accountability Act, California Government Code Section
65589.5 (the “HAA”), places strict limitations on the City’s discretion to deny, reduce the
density of, or place conditions on a housing project that complies with objective general
plan, zoning, and subdivision standards and criteria, including design review standards in
effect at the time the application is determined complete; and
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WHEREAS, requiring discretionary review for housing projects that comply with
objective general plan, zoning, and subdivision standards and criteria, including design
review standards in effect at the time the application is determined complete, adds time
and expense to housing production without providing any meaningful benefit to the
community; and
WHEREAS, on December 10, 2019, the City Council conducted a study session
on housing policy in part to discuss options for increasing housing production throughout
the City with a particular emphasis on incentivizing one hundred percent affordable
housing projects, and considered whether increasing the thresholds for ministerial review
of certain housing projects would further stimulate housing production; and
WHEREAS, on February 5, 2020, the Planning Commission adopted a Resolution
of Intention, Resolution Number 20-002 (PCS), declaring its intention to consider
recommending to the City Council that the City Council amend the text of the LUCE, the
BAP, and the DCP to increase the thresholds for ministerial review of one hundred
percent affordable housing projects and housing projects subject to the HAA; and
WHEREAS, on February 19, 2020, the Planning Commission conducted a duly
noticed public hearing, and after considering oral and written testimony regarding the
proposed amendments to the text of the LUCE, BAP, and DCP, adopted a Resolution of
Recommendation, Resolution Number 20-005 (PCS) recommending to the City Council
that the City Council adopt the proposed amendments; and
WHEREAS, on March 10, 2020, the City Council conducted a duly noticed public
hearing to consider the recommendation of the Planning Commission, and, after
considering all oral and written testimony, adopted Resolutions Numbers 11237 (CCS),
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11238 (CCS), and 11239 (CCS) to amend the LUCE, BAP, and DCP to increase the
thresholds for ministerial review of one hundred percent affordable housing projects and
housing projects subject to the HAA; and
WHEREAS, on March 10, 2020, the City Council adopted emergency Interim
Zoning Ordinance Number 2633 (CCS) (“Interim Zoning Ordinance 2633”), which
immediately permitted one hundred percent affordable housing projects and housing
projects subject to the HAA that do not exceed Tier 2 maximums to be processed by
Administrative Approval rather than a Development Review Permit under certain
conditions; and
WHEREAS, pursuant to Santa Monica Municipal Code Section 9.46.090(C),
Interim Zoning Ordinance 2592 was set to expire sixty days after its effective date, that
is, on May 9, 2020; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of
Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a
local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure
the availability of mutual aid and an effective the City’s response to the novel coronavirus
(“COVID-19”) and this local emergency was restated on March 14, 2020, through a
revised declaration of local emergency to ensure compliance with all digital signature
requirements (the “Executive Order”); and
WHEREAS, on March 17, 2020, the Director of Emergency Services issued a
Revised Fourth Supplement to the Executive Order (the “Revised Fourth Supplement”)
which, in part, extended all Interim Zoning Ordinances in effect during the term of the
Order; and
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WHEREAS, the Revised Fourth Supplement was originally in effect through March
31, 2020, but as the result of a series of Council actions and additional supplements to
the Executive Order, most recently by Council resolution issued July 28, 2020, the
Revised Fourth Supplement has remained and will remain in effect through August 31,
2020;
WHEREAS, on March 19, April 6, April 14, May 12, May 26, June 9, June 23, July
14, and July 28, 2020, the City Council ratified the Executive Order, as well as the
supplements to the Executive Order in place at the time, including the Revised Fourth
Supplement; and
WHEREAS, there exists an immediate and continuing threat to the public health,
safety and welfare due to the State’s ongoing and unprecedented housing crisis, which
has resulted in the City’s anticipated RHNA allocation; and
WHEREAS, the City desires to extend Interim Zoning Ordinance 2633 to maintain
a streamlined process for approval of one hundred percent affordable housing projects
and housing projects subject to the HAA that do not exceed Tier 2 maximums as the
City’s 6th Cycle Housing Element update is completed; and
WHEREAS, extending the streamlined process created by Interim Zoning
Ordinance 2633 will support the City’s urgent need to produce housing and the City’s
efforts to create a long-term housing strategy through the 6th Cycle Housing Element;
and
WHEREAS, to accord with the ordinance the City Council considered on August
25, 2020 adding Santa Monica Municipal Code Chapter 6.22: Residential Leasing
Requirements, and provide more certainty for landlords and tenants, the City desires to
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amend Interim Zoning Ordinance 2633 to require that all leases be made to tenants who
will use and occupy the rental housing unit as the tenants’ “primary residence” as defined
in the Interim Zoning Ordinance rather than “domicile” as that term is defined by Elections
Code Section 349(b); and
WHEREAS, adoption of this emergency Interim Zoning Ordinance is necessary to
preserve public peace, health, safety and welfare as it will remove barriers to production
of housing, particularly one hundred percent affordable housing projects.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Applicability. The interim regulations set forth in Section 2 shall apply
to any project for which a planning entitlement application is received after the effective
date of this Ordinance.
SECTION 2. Interim Zoning Regulations. Santa Monica Municipal Code Chapter
9.39 and Section 9.40.020 shall be revised as follows:
Chapter 9.39 Administrative Approval
9.39.010 Purpose
Administrative Approval is intended to allow for the approval of projects which
conform to the standards established for the Zoning District and do not require
discretionary review or approval by the Director, Planning Commission, or City Council.
Administrative Approval provides for an administrative review and assessment of the
proposed development project in light of explicit standards contained in the Chapter which
have been designed to ensure that the completed project will be in harmony with existing
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or potential development in the surrounding area, consistent with the goals, objectives
and policies of the General Plan.
9.39.020 Applicability
A. Except as provided in subsection (B), an Administrative Approval shall be
required prior to issuance of any Building Permit for the development for:
1. Any project of more than 1,000 square feet of floor area for all new
construction and new additions to existing buildings located in Residential and
Nonresidential Districts not otherwise subject to Zoning Conformance Review or
discretionary review;
2. 100% Affordable Housing Projects; and
3. Any project that:
a. Meets the definition of “housing development project” under
the Housing Accountability Act, Government Code Section 65589.5,
(“Housing Accountability Act”), and that, consistent with the Housing
Accountability Act, complies with all applicable, objective general plan,
zoning, and subdivision standards and criteria, including design review
standards, in effect at the time that the project application is deemed
complete;
b. Does not exceed Tier 2 maximums; and
c. For projects with rental units, the applicant agrees, prior to
issuance of a building permit, to record a deed restriction against the
property ensuring each of the following:
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i. All leases shall be made only to a tenant who is a
natural person, or to tenants who are natural persons.
ii. All leases shall be made only to a tenant or tenants
who, regardless of the term of occupancy, will use and occupy the
rental unit as the tenants’ primary residence. For purposes of this
paragraph, “primary residence” means the usual place of return for
housing of a tenant, as documented by at least two of the following:
motor vehicle registration, driver’s license, California state
identification card, voter registration, income tax return, or utility bill.
A tenant can have only one primary residence.
iii. All leases shall be in writing and provide for a minimum
initial term of one (1) year; and
iv. All units shall be leased as unfurnished units.
B. No Administrative Approval shall be required for:
1. New construction and new additions to existing buildings located in
the Multi-Unit Residential Districts, Ocean Park Neighborhood Districts; or
2. For any new single-unit dwellings or additions thereto in any zoning
district.
9.39.030 Application
Application for an Administrative Approval shall be filed in a manner consistent
with the requirements contained in 9.37.020, Application Forms and Fees.
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9.39.040 Procedures
A. For projects eligible for an Administrative Approval under 9.39.020(A)(2) or
(3), an applicant shall conduct a community meeting to receive community input on the
proposal, which meeting shall be conducted prior to submitting an application and with
noticing and reporting on the community meeting as required in guidelines adopted by
the Director.
B. Upon receipt in proper form of an Administrative Approval Application, a
meeting with the Architectural Review Board shall be set to receive a recommendation
on the design of the proposal, which shall be conducted prior to the Director’s
determination.
9.39.050 Review and Decision
A. The Director shall issue an Administrative Approval if the proposed
development conforms precisely to applicable development standards, and does not
require discretionary review or approval as outlined in this Chapter.
B. The Director shall deny the Administrative Approval only if the development
is not in compliance with the applicable development standards as outlined in this
Chapter.
C. The Director shall prepare a written decision which shall contain the findings
of fact upon which such decision is based.
D. Within 14 calendar days after the decision is made:
1. A copy of the decision shall be mailed to the applicant at the address
shown on the application; and
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2. For 100% affordable housing projects, and housing projects subject
to Administrative Approval under Subsection 9.39.020(B)(3), a copy of the written
decision and project plans shall be posted on the City’s website.
9.39.060 Term, Extension, and Revocation
The term of permit, exercise of rights, extension, and revocation for Administrative
Approvals shall be in accordance with the applicable provisions of Chapter 9.37, Common
Procedures.
Chapter 9.40 Development Review Permit
9.40.020 Applicability
A. Except as provided in subsection (B), a Development Review Permit
approved by the Planning Commission shall be required prior to issuance of any building
permit for the development for:
1. Any project that exceeds Tier 1 maximum limits;
2. All new construction and new additions to existing buildings of more
than 10,000 square feet of floor area located in Residential Districts or more than
7,500 square feet of floor area in Neighborhood Commercial and Oceanfront
Districts;
3. All new construction and new additions to existing buildings of more
than 15,000 square feet of floor area located in Nonresidential Districts not
specified in subsection (A)(2);
4. Notwithstanding subsection (A)(3) above, all new construction of
more than 30,000 square feet of floor area of a development project containing no
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more than 15% of commercial floor area located in Nonresidential Districts not
specified in subsection (A)(2);
5. Notwithstanding subsections (A)(2)—(4) above and until the
adopting of a Pico Neighborhood Plan, all new construction and new additions to
existing buildings of more than 7,500 square feet of floor area located in the Pico
Neighborhood Area.
B. The following types of projects are exempt from Development Permit
Review requirements:
1. Single-unit dwellings;
2. 100% Affordable Housing Projects; and
3. Any project that:
a. Meets the definition of “housing development project” under
the Housing Accountability Act, Government Code Section 65589.5,
(“Housing Accountability Act”) and that, consistent with the Housing
Accountability Act, complies with all applicable, objective general plan,
zoning, and subdivision standards and criteria, including design review
standards, in effect at the time that the project application is deemed
complete;
b. Does not exceed Tier 2 maximums; and
c. For projects with rental units, the applicant agrees, prior to
issuance of a building permit, to record a deed restriction against the
property ensuring each of the following:
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i. All leases shall be made only to a tenant who is a
natural person, or to tenants who are natural persons.
ii. All leases shall be made only to a tenant or tenants
who, regardless of the term of occupancy, will use and occupy the
rental unit as the tenants’ primary residence. For purposes of this
paragraph, “primary residence” shall mean the usual place of return
for housing of a tenant, as documented by at least two of the
following: motor vehicle registration, driver’s license, California state
identification card, voter registration, income tax return, or utility bill.
A tenant can have only one primary residence.
iii. All leases shall be in writing and provide for a minimum
initial term of one (1) year; and
iv. All units shall be leased as unfurnished units.
SECTION 3. Any provision of the Santa Monica Municipal Code or any appendix
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
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declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 5. This Ordinance is declared to be an emergency measure necessary
for preserving the public peace, health, safety or welfare, adopted pursuant to the
provisions of Section 615 of the Santa Monica City Charter. As set forth in the findings
above and in the March 10, 2020 and August 25, 2020 staff reports, this Ordinance is
necessary for preserving the public peace, health, safety, and welfare. As an emergency
measure, this Ordinance will be effective immediately upon adoption.
SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective
immediately upon adoption.
SECTION 7. This Ordinance shall be of no further force or as of December 31,
2021, unless it is otherwise extended pursuant to Santa Monica Municipal Code Section
9.46.090(C).
APPROVED AS TO FORM:
_________________________
GEORGE S. CARDONA
Interim City Attorney
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Approved and adopted this 25h day of August, 2020.
_____________________________
Kevin McKeown, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2645 (CCS) had its introduction
and adoption at the Santa Monica City Council meeting held on August 25, 2020,
by the following vote:
AYES: Councilmembers Davis, Himmelrich, Jara, McCowan, Winterer,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2645 (CCS) was duly published pursuant to
California Government Code Section 40806.
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8/31/2020